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41.0301 Numerical limitation.

Cite as [A.S.C.A. § 41.0301]

(a) Quarterly and yearly limits. The number of aliens born in any foreign state or dependent area who may enter American Samoa to be registered shall not in any of the first three quarters of any fiscal year exceed the total of 25, and shall not in any fiscal year exceed a total of 100 and, the total number or registration receipt cards made available to natives of any single foreign state shall not exceed 5 in any fiscal year, except these numbers shall not include Western Samoans, immediate relatives of American Samoans, nor citizens of the United States of America.

(b) Immediate relatives defined. The “immediate relatives” referred to in subsection (a) of this section shall mean the children, spouses, and parents of an American Samoan; provided, that in the case of parents, such American Samoan must be at least 21 years of age. The immediate relatives specified in this subsection who are otherwise qualified for registration shall be registered as such, without regard to the numerical limitations in this chapter.

(c) Numerical limitation of Western Samoans. Because of the historic, cultural and family interchanges between American Samoans and Western Samoans, the number of aliens born in Western Samoa who may enter American Samoa to be registered shall not in any of the first three quarters of any fiscal year exceed a total of 62, and shall not in any fiscal year exceed a total of 250.

(d) The numerical limitations established by this section shall not include aliens employed by the American Samoa Government or the United States of America, or aliens admitted and employed under chapter 09 of this Title, or other groups as further waived by Board order upon a showing of extenuating circumstances. Any alien employed under this provision who is terminated for whatever reason shall be subject to these limitations upon the expiration of 30 days from the date of termination.

(e) Aliens submitting application for registration receipt cards under this section and 41.0303 shall return to their countries of origin pending allocation of such registration receipt cards for re-entry into American Samoa. No extensions of stay beyond the original 60 days period allowed under 41.0502 (a)(2)(D) or otherwise are to be granted.

(f) Notwithstanding anything to the contrary in subsections (a) through (e), the total number of registration receipt cards made available in fiscal year 1997 to all aliens shall not exceed a total of 1,820 for aliens born in Western Samoa, 404 for aliens born in the Kingdom of Tonga, 88 for aliens born in the Republic of the Philippines, 20 for aliens born on Tuvalu, 14 for aliens born in the Republic of Fiji, 14 for aliens born in the People's Republic of China, 12 for aliens born in New Zealand, 11 for aliens born in the Republic of Korea, and 8 for aliens born in the Republic of China. The requirements of sections 41.0301(e) and 41.0502(a)(2)(D) are hereby waived only for those aliens whose applications to remain in American Samoa were processed during the period from January 3, 1997 through and including April 23, 1997 pending final determination by the Immigration Board. Such persons are subject to the requirements of section 41.0319 and 41.0404 of the Administrative Code, including submission of all required applications and payment of fees.

(g) Section 41.0403 (a) (1) shall be strictly applied to all those applicants qualifying under Section 41.0301, thus all accumulated days, months, and years those applicants were present in American Samoa prior to the Immigration Board's approval shall not be considered as "legally present in American Samoa".

History: 1984, PL 18-52 § 2; amd 1988, PL 20-56; amd 1997, PL 25-16; amd 2007, PL 30-7.

Reviser’s Comment:

Section 7 of PL 1 8-52, 1984, provides that the numerical limitations in this section shall not be imposed until 1 January 1985.